鲁莽和危险驾驶
驾驶罪律师
As a leading traffic defence law firm based in Sydney, our expert team of traffic lawyers possess a wealth of knowledge in relation to charges of reckless and dangerous driving.
如果您或您认识的人面临此类指控，请立即联系 Essere - The Defenders 进行首次咨询。.
As per section 117 of the Road Transport Act, it is an offence to drive a motor vehicle furiously, recklessly or at a speed or in manner dangerous to the public. The offence of driving in a manner dangerous, does not just include speeding, but also driving in a way which causes a real or potential danger to the public. This will apply even if you have not injured or killed anyone.
In considering whether the offence of driving in a manner dangerous under this section has been committed, the Court is to take into account several factors, including:
- The nature, condition and use of the road on which the offence is alleged to have been committed, and
- The amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road.
If the above factors can not be established, you will liable to the punishment of the offence. The punishment for driving in a manner dangerous are significant, and therefore it is imperative to seek legal representation from an experienced traffic lawyer.
处罚
The offence of driving in a manner dangerous is seen as a serious traffic infringement in the state of NSW and incurs significant penalties as seen in section 117 of the Roads Transport Act. For first time offenders, the maximum penalty that could be enforced is imprisonment of up to 9 months and/or a maximum fine of $2,200. An offender will also incur an automatic disqualification of 3 years and a minimum disqualification of 1 year, enforceable by the Court. Alternatively, for subsequent offences the penalties are much more sufficient. A defendant will be liable to pay a fine of up to $3,300 and/or be sentenced to prison for a maximum of 12 months. An offender will also incur an automatic disqualification of 5 years and a minimum disqualification of 2 year, enforceable by the Court.
It is also important to remember that the Court has the discretion to reduce these penalties, where appropriate or deal with the matter by a means of a section 10 dismissal, whereby no criminal conviction is recorded.
For your best chance to receive a more favourable outcome, contact our traffic lawyers to schedule a consultation.
有罪
To be found guilty of driving in a manner dangerous as per section 117 of the Road Transport Act 2013, the Police must prove the following beyond a reasonable doubt.
- That you were responsible for driving a motor vehicle;
- And you drove this vehicle in a manner dangerous to the public
If you tend to agree with the charges made against you, you have the ability to plead guilty. In this circumstance, you will proceed to sentencing where you could be facing the aforementioned penalties.
However, pleading guilty may actually be more favourable in the Court as it typically showcases remorse for your actions. As a result, the Court may award individuals with a reduced sentence or a potentially less serious charge. With the help of an experience traffic lawyer, the matter may even be dealt with by the means of a section 10. If this occurs, the matter will not be recorded and therefore you will not receive a criminal conviction or incur any penalties. You may, however, be subject to conditions set by the Court which may require to you participate in behavioural programs, such as the Traffic Offenders Program. If you do not adhere to such conditions, you will find yourself reappearing before the Court, whereby the privilege could be revoked and you will be liable to punishment accordingly.
At Essere – The Defenders, we are some of the best traffic lawyers in Sydney who are proud to hold a 90% success rate on all traffic infringement cases that we have represented.
If you or someone you know is facing charges of driving in a manner dangerous, it is advised to seek legal representation immediately. Call our traffic lawyers now to schedule a consultation where we can provide tailored advice in relation to your specific matter.
无罪
You also have the option to plead not guilty to the charge of driving in a manner dangerous. If this is the case, the prosecution team must prove beyond reasonable doubt that you did commit the offence as per section 117 of the Road Transport Act. If it can be proven, it is likely that you will be convicted as per the penalties listed above.
However, at Essere – The Defenders, our Sydney traffic lawyers have achieved successful results for clients in such situations. In order to avoid conviction, our criminal defence lawyers will challenge the allegations set out against you, by arguing the following defences. If we are able to successfully do this, the Court may completely dismiss the charges in which you will be found not guilty and no longer be liable to punishment. It may also result in less serious penalties or be downgraded to a less significant charge which is more favourable than imprisonment.
For relevant advice in relation to whether you should plead guilty or not guilty to the charges of driving in a manner dangerous, please do not hesitate to contact our Sydney based criminal law firm for a consultation.
防御
我们的交通违章律师可以代表个人就疏忽驾驶罪使用许多可能的辩护理由。这些辩护理由包括
胁迫： 包括使用非法胁迫手段说服某人参与其通常不会参与的活动。胁迫的形式可以是有害的威胁，如死亡或严重的身体伤害，被告认为如果他们不参加活动，就会有危险。
必要性： 在这种情况下，被告会辩称，他们的行为是可以接受的，也是正当的，因为他们正处于人为或自然力量造成的迫在眉睫的危险之中。要证明行为是一种危急情况，必须证明该活动只是为了避免被视为 “无法弥补的恶果 ”的特定后果，个人必须从整体上认为自己处于 “迫在眉睫的危险 ”中，并且个人认为自己没有其他选择来避免即将到来的威胁。.
自卫： 包括为保护对抗和不公正攻击者的伤害而采取行动的情况。自卫发生在被告旨在保护财产、自己或他人免受侵害者伤害的情况下。.
其他 Section 117.3 of the Roads Transport Act states that:
在考虑是否实施了本条规定的犯罪时，法院应考虑案件的所有情况，包括以下情况：
- 被控犯罪道路的性质、状况和用途、,
- 当时道路上实际存在的或可合理预期的交通流量、,
- 道路上的任何障碍物或危险（例如，包括抛锚或撞毁的车辆、掉落的货物以及事故或紧急情况现场）。.
如果上述任何一种情况能够成立，法院可裁定驾驶员实际上无需为该罪行承担刑事责任。.
